337:, 913 F. Supp. 232 (S.D.N.Y. 1996). At the hearing, Judge Baer found that based on the testimony of the junior officer who claimed to have witnessed a drug transaction and the videotaped confession of the defendant, Carolyn Bayless, the police did not have reasonable suspicion sufficient for the arrest. In response to this ruling, two hundred members of Congress wrote to President Bill Clinton demanding that he seek Judge Baer’s resignation.
369:, No. 11-3696 (2d Cir. Mar. 13, 2013) (ECF No. 649). The case and Judge Baer's class action diversity practice then came before the US Supreme Court, where in denying a petition for writ of certiorari, Justice Samuel Alito, concurring in the denial, nonetheless issued a decision criticizing Judge Baer's practices, for various stated reasons, warning "the meaning of the Court's denial of the petition should not be misunderstood."
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practice on appeal, but in a summary order the Second
Circuit dismissed the issue for lack of standing: "Although objectors allege that staffing a case with an eye to diversity 'may interfere with ability to provide the best representation for the class,' they never contend that class counsel's representation was actually inferior." Summary Order at 8-9,
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For requesting evidence of racial and gender diversity among counsel selected to provide representation in class action lawsuits, Judge Baer has been accused of "using his judicial authority to pursue his own personal socio-political agenda." Objectors to a class settlement from 2011 challenged the
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justice, born in New York City. Baer Jr.'s own legal career began as an assistant to the
General Counsel of Greater New York Mutual Insurance in 1958. He was then Assistant Counsel to the New York State Commission on the Governmental Operations of the City of New York (1959–60) and New York State
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weighed in with a threatening statement, but later changed course when Second
Circuit Judges, led by Chief Judge Jon Newman, excoriated the other two branches of government for their clearly unconstitutional demands and pointed out how the criticism had reached a level that threatened judicial
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in 1982 and served until 1992. While serving as a state trial judge, he was among the first in the United States to rule that a same-sex couple could be considered a family, so that the surviving member of the couple could benefit from tenant protections under the New York Rental
Control laws.
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373:, 134 S. Ct. 402 (Nov. 18, 2013). Notwithstanding the criticism from Justice Alito, district courts have continued to follow the precedent set by Judge Baer in considering diversity in the selection of class counsel.
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independence. In the end, Judge Baer reversed his ruling following a rehearing during which the government presented a fuller case and the defendant inexplicably took the stand. See
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from 1967 to 1968 before going back to the United States
Attorney's office as Chief of the Criminal Division from 1970 to 1972. He was then an adjunct professor at
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Judge Baer found his judicial career in a firestorm in 1996 when he issued an opinion that suppressed evidence in a drug case in the case of
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Although his decision was reversed by the
Appellate Division, the Court of Appeals agreed with him in the landmark case of
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He was then
Executive Judicial Officer for the Judicial Arbitration and Mediation Service, Inc from 1992 to 1994.
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Smith v. Islamic
Emirate of Afghanistan, 262 F. Supp. 2d 217 (S.D.N.Y. 2003)
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Judges Under Fire: Human Rights, Independent
Judiciary, and the Rule of Law
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Judges Under Fire: Human Rights, Independent Judiciary, and the Rule of Law
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405:, 913 F. Supp. 232 (SDNY 1996); revised 921 F. Supp. 211 (SDNY 1996)
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22 Years Later, Unsanitary Jail Conditions Still Exist, Judge Finds
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Commission of Investigation (1960–61). From 1961 to 1967 he was an
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United States District Court for the Southern District of New York
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United States District Court for the Southern District of New York
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United States District Court for the Southern District of New York
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United States District Court for the Southern District of New York
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United States District Court for the Southern District of New York
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Judge Harold Baer's Quixotic Crusade for Class Counsel Diversity
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on September 8, 2004, serving in that status until his death.
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on August 9 and received his commission the next day. He took
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United States district court judges appointed by Bill Clinton
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Oral history interview with Harold Baer Jr. (2009) from
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Judge Strikes Down Rule Limiting City Hall Protests
306:on April 26, 1994, to fill a seat vacated by Judge
592:To See Issue In Person, Judge Takes City Hall Tour
500:, 17 Cardozo J. Law & Gender 321, 321 (2011).
480:Montgomery (Alabama) Junior Chamber of Commerce,
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69:August 10, 1994 – September 8, 2004
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192:(February 16, 1933 – May 27, 2014) was a
50:September 8, 2004 – May 27, 2014
690:Hobart and William Smith Colleges alumni
571:Biographical Directory of Federal Judges
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700:Accidental deaths in New York (state)
599:Justice in New York: An Oral History
381:Baer died on Tuesday, May 27, 2014.
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224:in 1954, where he was a member of
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705:Assistant United States Attorneys
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277:Baer was elected to serve in the
482:Outstanding Young Men of America
424:New York Evidentiary Foundations
367:Blessing v. Sirius XM Radio Inc.
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255:Assistant United States Attorney
670:New York Supreme Court Justices
443:List of Jewish American jurists
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288:Braschi v. Stahl Associates Co.
263:New York City Police Department
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360:Class Action Counsel Diversity
298:He was nominated by President
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259:Southern District of New York
715:21st-century American judges
710:20th-century American judges
695:Accidental deaths from falls
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194:United States district judge
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410:Authors Guild v. HathiTrust
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665:Lawyers from New York City
535:"Obituary: Harold Baer Jr"
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685:Yale Law School alumni
279:New York Supreme Court
250:New York Supreme Court
484:(1967), available at
153:Stony Brook, New York
540:New York Law Journal
496:Michael H. Hurwitz,
413:(SDNY Oct. 10, 2012)
312:United States Senate
216:, Baer received his
269:from 1974 to 1983.
267:New York Law School
396:2024-01-14 at the
371:Martin v. Blessing
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634:Succeeded by
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148:(2014-05-27)
146:May 27, 2014
99:Succeeded by
80:Bill Clinton
75:Appointed by
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34:Senior Judge
660:2014 deaths
655:1933 births
339:White House
246:Harold Baer
87:Preceded by
649:Categories
631:1994–2004
520:2023-12-20
515:Justia Law
449:References
129:1933-02-16
385:Case list
236:in 1957.
160:Education
65:In office
46:In office
437:See also
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356:(2011).
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208:Born in
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